Legal Issues Emanating from the Digital Personal Data Protection Act, 2023

The Digital Personal Data Protection Act, 2023 has significantly altered the legal and operational landscape for businesses processing personal data in India. Beyond statutory compliance, the Act introduces a new spectrum of legal, contractual, and product-level risks that organisations must proactively address. This article examines the key legal issues emanating from the DPDP Act and outlines a structured approach for businesses to mitigate litigation exposure and regulatory penalties. 

At the core of effective compliance lies legal due diligence, not merely as a one-time exercise, but as an ongoing process to identify gaps, assess enforcement risks, and anticipate disputes arising from data handling practices. The article highlights the importance of data mapping and consent records for personal data as a starting step of legal due diligence and reviewing product specifications and UI/UX design through a legal lens, ensuring that consent flows, notices, and user interfaces align with statutory standards and do not create misleading or coercive experiences. 

Equally critical is the vetting and drafting of agreements and documentation, including terms of use, privacy notices, consent mechanisms, and data processing agreements. The article emphasises a holistic interpretation of the DPDP Act to ensure consistency across contractual, operational, and technical layers of compliance. 

Further, the article underscores the value of a comparative legal analysis, drawing insights from global data protection regimes and landmark privacy litigation involving technology companies. By examining international best practices and enforcement trends, businesses can strengthen their compliance posture and reduce regulatory and reputational risk. 

The subsequent sections of the deck expand on each of these pillars with practical compliance strategies, real-world challenges, and actionable guidance, making it an essential resource for legal, product, and business teams navigating India’s evolving data protection framework. 

Please feel free to reach out to our Team to discuss any of the Technology Law, Competition Law and Policy Issues.

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Legal issues II Digital Personal Data Protection Act 2023.pdf

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